A £500,000 interim compensation payment was secured for a 6 year old client in a cerebral palsy medical negligence claim.
Victoria Jones, Partner in the Medical Negligence team has secured an admission of liability and obtained Judgment in the High Court for our 6 year old client and her family, following our client’s birth at Tunbridge Wells Hospital. A £500,000 interim compensation payment secured to provide immediate assistance will be paid by the Maidstone and Tunbridge Wells NHS Trust.
Background to the case
There was a failure to advise our client’s mother to attend hospital urgently on the basis of her ongoing stomach pains and vaginal bleeding. Had she been so advised, our client’s mother would have arrived at hospital earlier and our client’s well-being would have been continuously monitored by CTG. Our client’s mother’s placental abruption would have been diagnosed earlier and our client would have been delivered before she had sustained any permanent injury to her brain. A placental abruption involves the premature separation of the placenta from the uterus, which can lead to significant foetal distress and deprivation of oxygen. As a result of the medical negligence, our client has cerebral palsy and is likely to require 24 hour care for the rest of her life.
Maidstone and Tunbridge Wells NHS Trust have sent a letter of apology to our client’s family.
Moore Barlow’s approach to this case
Although public funding was not available to fund the medical negligence claim, we had the experience and expertise to identify that this claim was worth pursuing on behalf of a severely injured client and enabled the claim to be funded by way of a Conditional Fee Agreement (otherwise known as a ‘No Win, No Fee’ Agreement). Independent expert input was required in the fields of midwifery, obstetrics, paediatric neurology, neonatology and paediatric neuroradiology to help establish liability. Although it has taken several years to secure the admission of liability due to the complex nature of the claim and specialist nature of the expert evidence required in this type of claim, we pride ourselves on our excellent client care and service, providing regular updates and reassurance to our client when required. A collaborative approach was also adopted with the defendant to help a secure significant compensation and the focus will now be on effective rehabilitation for our client.
Interim compensation secured
It has been agreed that the parties cannot come to a full quantification of the claim until our client is a little older and the true extent of the damage caused to her can be assessed. Interim compensation of £500,000 has been secured in the meantime, to allow a case manager to be instructed, who will help source care, therapies, medical treatment, suitable accommodation and any aids and equipment that our client may need.
Upon Judgment being entered, our client’s mother commented:
I am pleased that the Defendant has been able to admit that they were negligent in their care and agree to interim damages, meaning that we can now focus on the appropriate support for our daughter. This would not have been possible however without Victoria Jones and Moore Barlow, who have been very supportive and determined to get the right outcome for our daughter.
I look forward to working with the family to help provide for this lovely little girl’s care and other needs pending a final settlement, which will help provide for her needs for the rest of her life. My goal is to ensure that my clients receive comprehensive support, addressing both their legal needs and their overall well-being. It is my privilege to advocate for those affected by medical negligence, providing expert guidance and unwavering support in their pursuit of justice and a better quality of life.
Victoria Jones – Medical negligence partner
How Moore Barlow can help
If you have a complex medical negligence claim, then please contact our Medical Negligence lawyers who are experts in their field. We can help to secure, where possible, admissions of liability and therefore interim compensation payments pending the settlement of the claim.
